My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Court of Appeals Decision
>
OnTrack
>
WG
>
2018
>
WG 18-3
>
Court of Appeals Decision
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/27/2019 4:01:21 PM
Creation date
12/26/2019 2:48:45 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Appeal Decision
Document_Date
8/14/2019
External View
Yes
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
18
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
I The proposed development is a 94-unit apartment complex, for which <br />2 respondent developer applied for site review, adjustment review, and a Willamette River <br />3 Greenway permit. After a public hearing, a city hearings official approved the <br />4 application, with conditions. With respect to the number of units, the hearings official <br />5 determined that the maximum permitted number of units was 94, given the net-density <br />6 provisions for the zone, based on 3.38 acres of property. In making that calculation, the <br />7 city "counted the entire 3.59-acre property and excluded only a 0.21-acre area to be <br />8 dedicated for the extension of Lombard Street." As relevant to this review proceeding, <br />9 the 3.38 acres is planned to include a leasing office, a maintenance building, and two <br />10 internal parking circulation areas. <br />11 Petitioners appealed to the Eugene Planning Commission, which affirmed <br />12 the hearings official's decision, with modifications. Petitioners petitioned for review to <br />13 LUBA, which affirmed the planning commission's decision. Petitioners now seek <br />14 judicial review. They raise a single assignment of error, in which they challenge the net- <br />15 density calculation for the proposed development, as they did in the city and LUBA <br />16 proceedings. Specifically, petitioners argue that, under EC 9.2751(1)(b), LUBA erred in <br />17 allowing land planned for a leasing office, a maintenance building, and two internal <br />18 parking circulation areas to be included in the net-density calculation. <br />19 <br />EC 9.2751 <br />20 Petitioners' challenge turns on the correct construction of the Eugene Code, <br />21 so we review LUBA's order to determine whether it is "unlawful in substance." ORS <br />2 <br />
The URL can be used to link to this page
Your browser does not support the video tag.